Accidents with Electric Bikes & Scooters in Nevada

It’s hard not to notice the fairly recent surge in the use of personal electric vehicles (also known as micromobility or personal mobility devices). Despite being relatively unknown and unseen in the U.S. before the pandemic-related shutdowns of 2020, e-bikes and e-scooters are now everywhere. And as expected, along with the rapid rise in the use of e-vehicles comes a troubling rise in accidents involving them. According to the Las Vegas Metropolitan Police Department (LVMPD) and reported by Las Vegas News, fatal e-bike or e-scooter collisions have increased by roughly 200% compared to the same period last year. Whether you are a pedestrian, an automobile driver, or an e-vehicle user, understanding the various types of electric vehicles, the laws that govern them, and the risks and challenges associated with e-bikes and e-scooters is critical — as is understanding your rights if you are in an accident that involves one of them.

What Is an E-Bike?

As you probably know, an e-bike is an electrically-powered bicycle — two or three wheels, a seat (“saddle”), brakes for stopping, and handlebars for steering. While tandem e-bikes do exist, more than 99% of all e-bikes sold are intended for a single rider. Although powered bikes have been around and called “motorcycles” since a motor was first attached to a bicycle in the 1880s, the electric version of both bicycles and motorcycles is a relatively new mode of transport, and presents unique and complex challenges for everyone involved. Manufacturers, sellers, buyers, local governments, and law enforcement are all struggling to keep pace with the sales of e-bikes and their regulation. At the core of this confusion is the ongoing attempt to define what characteristics turn an e-bike into a motorcycle.

E-bike Classifications

To help sort things out, e-bikes are currently classified into one of three distinct legal categories, based on a handful of characteristics:

• Class 1, Pedal Assist: less than 750w motor, which activates only when pedaling; max speed 20MPH 
• Class 2, Throttle Assist: less than 750w motor, which activates on demand at any time; max speed 20MPH
• Class 3, Pedal Assist / Faster: less than 750w motor, which activates only when pedaling; max speed 28MPH

All three of these classifications require pedals that actually work, rather than having fixed pedals or pegs. At the time of this writing, all three of these classes, when unmodified, are considered e-bikes, rather than motorcycles, in Nevada. 

What Is an E-Scooter?

An electric scooter, or e-scooter, is typically a one-person, two-wheeled, stand-on design similar to a classic push- or kick-scooter, except that e-scooters have an electrically powered motor that stores energy in a rechargeable lithium-ion battery. You basically stand, twist, and go. As a result of rental companies like Lime and Bird positioning e-scooters for on-the-spot app-based rentals in urban areas around 2019, they were often the first electric mobility devices that Americans were exposed to. This “dumping” of the then-unregulated scooters into cities was frequently rejected by urban dwellers, as they cluttered sidewalks and were often used in an unsafe manner by novice riders and tourists. This resulted in increasing regulation for scooter rentals, which, along with their decreasing retail cost, led to an uptick in purchases of e-scooters for personal use. Today, e-scooters make up about 25% of the electric market between scooters and bikes, and have electric motors ranging from 250-2000 watts. While most are electronically limited to 20MPH, some can reach speeds of 40MPH — faster than typical neighborhood speed limits. Like e-bikes, modifications can bypass speed limitations on scooters sold as slower models.

What Are the Current Regulations Associated With E-Bikes and E-Scooters in Nevada?

When it comes to the rules of the road, class-compliant e-scooters and e-bikes are treated similarly to bicycles in Nevada. In other words, when it comes to lawful operation, what applies to human-powered bikes usually applies to e-bikes and scooters. Vehicles that do not conform to stated power and speed limitations are considered mopeds or motorcycles and are subject to the operation, licensing, registration, and insurance regulations associated with them.

Nevada’s extensive “rules of the road” statutes (NRS 484B) require a white front-facing headlight visible from 300 feet ahead, a rear red lamp or reflector visible from 500 feet behind, and reflectors on pedals and sides. In Nevada, the equipment must be present and activated only when the device is used after dark. All riders under 18 must wear a helmet at all times. Some cities require a bell or horn.

Regulations are also location-specific. For instance, in Las Vegas, e-bikes in any form are prohibited on the Las Vegas Strip and on Fremont Street, and speed is limited to 15MPH in parks. There are many variables from state to state and city to city; anyone using an electric bike or scooter must learn about the rules of operation before buying or using one.

What Are the Dangers and Challenges Associated With the Use of E-Bikes and E-Scooters?

Our roadways are built to accommodate lots of traffic — mostly that of cars and trucks. When it comes to sharing the road safely with electric vehicles, there is a unique learning curve that many are still adjusting to. The rapid adoption of these vehicles and their similarity to human-powered bicycles and scooters have disrupted the traffic expectations of motorists, pedestrians, and riders alike. Many factors contribute to this:

• Relative silence: E-bikes and scooters are almost silent, especially Class 2 bikes ridden throttle-only. This silence means that pedestrians, skaters, other cyclists, and motorists often don’t know they are there until they see them — and by then it can be too late. According to a 2023 Portland study, 30% of motorists involved in a collision with an e-bike never heard or saw them.
• Rapid acceleration: A Class 1 e-bike can reach 15MPH in 3-5 seconds within about 45 feet of travel. Silently. That is much faster than a regular bicycle, which can take almost 8 seconds (66 feet), on average.
• Misleading similarity to human-powered versions: Most people know how to ride a regular bike, so when they get on an e-bike, they think they can handle it, treating it more like a bicycle than a motorcycle. But not everyone knows how to ride a bike safely — and now they have torque and speed behind them.  
• Mistaken for a relatively safe toy: There are no age restrictions for who can ride a Class 1 or Class 2 e-bike in Nevada. In Nevada, e-scooter riders and Class 3 e-bike riders must be 16. Higher speeds mean less stability, and often in the hands of those who have never ridden that fast before. Just because you can buy an e-bike that will go 20MPH for your 5-year-old, does that mean you should? And your teenager is smarter than you may think. They have access to the Internet and instructions on how to remove speed limitations. Does 40MPH on a bicycle in traffic sound safe?
• Unsafe riding: Most people have ridden a regular bicycle. And because they probably didn’t follow the rules of the road as a cyclist, they don’t when riding the powered version, either. Riders often act like cars when they can, then ride on sidewalks or crosswalks, ignoring traffic control. They pass drivers adhering to residential speed limits on the right, weave in and out of traffic … basically doing whatever they think will get them to where they need to be faster. It’s dangerous to them and to motorists.

The electric bike and scooter personal mobility revolution is, for the most part, a positive one. These vehicles give mobility to many who otherwise would not have it due to physical, financial, or other limitations. They are relatively inexpensive and environmentally friendly. But they can also be dangerous to pedestrians, motorists, other cyclists, and the riders themselves. Because everything surrounding e-vehicles is changing so rapidly — the technology, the laws, the rules — riders must take all necessary safety precautions and follow all rules of the road. It is also important for motorists to be extra cautious and to expect the unexpected. E-bikes and scooters can appear quickly and without warning. Be vigilant, be aware, and be prepared. A dash cam is rapidly becoming not just a high-tech toy, but a driving necessity. Above all, whenever you are involved in an accident of any kind, be sure to contact an attorney.

For additional guidance, please read our blog “What to Do After an E-bike Accident” 

Frequently Asked Questions About E-Bikes and E-Scooters

What are e-bikes and e-scooters?

An e-bike is an electrically-powered bicycle. An e-scooter has a two-wheeled, stand-on design with an electrically powered motor that stores energy in a rechargeable lithium-ion battery.

Do I need a driver’s license to operate an e-bike or e-scooter?

No, e-bike and e-scooter riders are not legally required to have a driver’s license, but are required to follow all traffic laws. In Nevada, Class 3 e-bike riders must be 16 years old. 

Are helmets required? 

In Nevada, e-bike and e-scooter riders under the age of 18 are legally required to wear helmets on e-bikes and e-scooters. Although not a legal requirement, it’s always a good idea to have a helmet when riding an e-bike or e-scooter. 

Are e-bike and e-scooter injuries covered by car insurance?

Make sure your insurance policy covers you in an accident. Many UM/UIM policies will not cover e-scooter or e-bike crashes if they don’t meet certain criteria. Coverage depends on your policy. Some homeowner or renter policies may include limited protection, but many do not. You may need separate micromobility insurance.

If you have been injured in an e-bike or e-scooter crash that wasn’t your fault, the at-fault party may be held responsible for your medical bills, property damage, loss of income from missed work, and any other losses from the accident. At Sam & Ash Injury Law, our e-bike accident lawyers understand e-bike accidents and the negligence that often causes them. We’re ready to provide you with personalized legal services geared toward you and your unique case. Call us 24/7 at 702-820-1234 or contact us online so we can help you get What’s Right. There are no fees until we win, and we’ll always fight for you.